The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child, and his lack of criminal antecedents.

JUDGMENT :

Anil Kumar Upman, J.

1. This reference has been received from the Court of Special Judge, POCSO Act, 2012 & Commission for Child Rights Protection Act, 2005, No.1, Ajmer (for short, "the trial court") under Section 366 of the Code of Criminal Procedure (for brevity, "Cr.P.C.") for confirmation of the death sentence awarded to the accused Sundar @ Surendra @ Santu vide its judgment and order dated 26.10.2021 passed in Sessions Case No.58/2021 arising out of FIR No.128/2021 registered at the Police Station Pushkar, District Ajmer. Separate appeal (No.185/2021) has also been filed by the accused Sundar @ Surendra @ Santu challenging his conviction and sentence against the very same judgment.

2. The accused-appellant had faced trial in Sessions Case No.58/2021 and vide the aforesaid judgment and order dated 26.10.2021, he has been convicted and sentenced as below:-

3. Brief facts relevant and essential for disposal of the instant death reference as well as the appeal preferred by the accused appellant are noted hereinbelow:-

4. As per the prosecution case, on 21.06.2021 at about 10.00 AM, the deceased went for goat herding on the hills of Baijnath Temple. Usually, she returned home at about 6:30 PM but when she did not return in evening, she was searched at all probable places by her family members and other villagers. In night at about 12.00 PM, her half-naked dead body was found about 300 meters away from the hills of Baijnath temple. Her jeans pant was lying nearby and same was stained with blood. The police was informed about this incident and on this information, SHO Police Station Pushkar along with Special Police team reached at the place of incident and took photographs of the scene. Blood-stained soil, three blood-stained stones, jeans pant of the deceased and one aadhar card belonging to the accused Sundar were also seized and sealed in presence of witnesses.

5. On 22.06.2021 at about 5.00 am, a written report (Ex.P/4) was submitted by PW-3 (father of the deceased) to the SHO PS Pushkar, which reads as under:-

lsok esa]

Jheku~ Fkkuk vf/kdkjh th

iqfyl Fkkuk iq"dj

vtesj

fo"k;%& eqdnek ntZ djokus ckcr~A

egksn;]

fuosnu gS fd eSa lq[kkflag iq= HkS: flag jkor fuoklh gksdjk mez 55 o"kZ dy fnukad 21-06-2021 dks esjh iq=h liuk mez 11 o"kZ lqcg 10 cts ?kj ls cS/kukFk egknso dh igkfM+;ksa ij cdjh;k pjkus fudyh 'kke dks jkstkuk djhc 6-30 ih-,e- ij ?kj vk tkfr Fkh ysfdu dy 'kke dks ?kj ij ugha vkbZ rc eq>s o ifjokj tuksa dks fpUrk gqbZ rc geus xkao okys dks crk;k fd esjh iq=h liuk ?kj ugha vkbZ ifjokj o xkao okyks us lg;ksx djrs gq, cS/kukFk dh igkfM;ksa ij dkQh ryk'k djus ij djhc jkf= dks 12 cts ds yxHkx cS/kukFk efUnj ds if'pe nf{k.k fn'kk esa igkM+h ds mij esjh iq=h liuk e`r voLFkk esa iMh feyh ftldh ftUl dh isUV lkbZM esa iMh Fkh o v.Mj fo;j nk;us ikao esa vVdh gqbZ Fkh flj ij ,d eksVk iRFkj iM+k gqvk Fkk psgjss o 'kjhj ij pksVs vkbZ gqbZ Fkh o [kwu fc[kjk gqvk FkkA fdlh vKkr O;fDr }kjk esjh ukckfyx iq=h ds lkFk cykRdkj dj mldh gR;k dh xbZ gSA vr% Jheku~ ls fuosnu gS fd vKkr O;fDr ds f[kykQ eqdnek ntZ dj mfpr dkuwuh dk;Zokgh djsaA

Hkonh;

xxx

6. On the basis of aforesaid written report (Ex.P/4), a formal FIR No.128/2021 (Ex.P/23) was registered at Police Station Pushka